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Accompanying Obligations Of The Contract Study

Posted on:2009-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:C X XiaFull Text:PDF
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As a new subject, contractual collateral obligation has brought increasing attention in both jurisprudence and judicature field. Under the guidance of social standard law's view, the collateral obligation of contract is a legal obligation that is gradually settled out in accordance with the nature, aim of contract, the transaction customs, and the principle of good faith and with the development of the contractual relation. The contract between the parties must have flaw because the limited reasons of parties and the social lives prosperous. So the collateral obligation is set out on the law to promote contract's fulfillment and protect the property and personal interests of creditor and the others that have specific situations with the creditor. Bringing concomitant obligation into law system is not only the refined adjustment of the contemporary contract relationship, but also the acceptance and adoption of the value evaluation trend of concomitant obligation. i.e., pursuing actual equality and maintains the justice of society. Besides, it is also the concrete embodiment of modernization of contract law in the contemporary civil law.In addition to the preamble and the conclusion, this paper has five chapters. Chapter 1: Contractual collateral obligation of the legal definition. The article expositions the definition and characteristics of the contractual collateral obligation, Then several conceptions are compared with the collateral obligation of the contract, such as earlier contract duty, later contract duty, payment duty and so on, and introduction types of contractual collateral obligation. By comparison further clarified the meaning of the contractual collateral obligation, the second chapter is the contractual collateral obligation of the historical evolution. There is, in chronological turn, the introduction of its Rome seeding era, followed by its establishment and development in Continental Law Empire of France, Germany, Japan, etc. Chapter III is about the contractual collateral obligation the basic theory. The discussion about basic theories of contractual collateral obligation, such as legal basis, subject, value, legal function etc, with author's hope to contribute to the constitution and improvement of China's concomitant obligation law system. Chapter IV is about the contract accompanying analysis of the substantive obligations. Research contractual collateral obligation the application of the law is of great significance for civil law set up the collateral obligation to achieve the objective of complete, civil law stressed by the spirit of fairness and justice fully, the authority of the rule of law, the seriousness of the comprehensive maintenance. The article discusses that contractual collateral obligation on the principle, means, breach of accompanying the obligations of the civil liability, and other issues. Chapter V is about our contractual obligations and its accompanying sound. The article contractual collateral obligation on our statutory obligations is to expand the exposition. This article discusses China's contractual collateral obligation the statutory and expand. In view of the contractual collateral obligation the defects, by improving the measures.
Keywords/Search Tags:Contract, Collateral obligation, Principle of good faith
PDF Full Text Request
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